Similarly Situated in Termination and Promotion Cases
by Sandra Zeigler, Esq. - May, 2014
The determination of who is "similarly situated" is critical to the outcome of a discrimination case. It is the agency's burden to prove that its calculations are correct and based on appropriate pools for comparison. The most obvious and common avenue of defense for a contractor is to challenge the construction of the pools used in the discrimination analysis. In order to successfully mount this kind of challenge the contract...
The OFCCP Digest Volume 4, Issue 4
by Local JobNetwork™ - Apr, 2014
Volume 4, Issue 4 There's More Than Equal Pay On The Presidential Agenda This Year by Carmen Couden, Esq. Earlier this month, President Obama proclaimed April 8, 2014 to be National Equal Pay Day – the day that indicates how far into 2014 a woman must work in order...
Similarly Situated in Compensation
by Sandra Zeigler, Esq. - Apr, 2014
In hiring, termination and promotion cases, the analysis examines each step of the decision making process to determine who should have been equally likely to be selected for the particular employment event. For example, in hiring at each stage you look at who remained eligible to progress to the next stage. Ultimately, the investigation should arrive at the final stage where selection rates of the remaining eligible individua...
There’s More Than Equal Pay On The Presidential Agenda This Year
by Carmen Couden, Esq. - Apr, 2014
Earlier this month, President Obama proclaimed April 8, 2014 to be National Equal Pay Day – the day that indicates how far into 2014 a woman must work in order to earn the same amount that men did in 2013. On the heels of that proclamation, President Obama issued a presidential memorandum directing the Department of Labor (“DOL”) to propose rules that will require federal contractors and subcontractors to submit summary data...
OFCCP’s Impact Ratio Analysis (IRA) - Can it be Improved?
by Dr. Hossein Borhani - Apr, 2014
On page 48 of the July 2013 Federal Contract Compliance Manual (FCCM) the OFCCP describes its methodology for calculating the impact ratio and how the compliance officers (CO) are supposed to use the results of the impact ratio analyses: Although related, a CO must not confuse adverse IRAs with the term "adverse impact." The Impact Ratio Analysis (IRA) is a method for identifying personnel activity that should be investig...
OFCCP TRICARE ENFORCEMENT: In Like a Lion, Out Like a Lamb?
by Cara Yates Crotty, Esq. - Apr, 2014
When thinking about the new developments in the OFCCP’s jurisdictional dispute with TRICARE network providers, the old adage about March weather came to mind. (The crazy spring weather we are experiencing probably also had something to do with prompting the analogy). In case you are not familiar with this ongoing saga, let me provide some history. OFCCP sues Florida Hospital The OFCCP filed an administrative complain...
Multi-Prong Approach to Changing the Culture of Self-Identifying as an IWD
by Debra Milstein Gardner - Apr, 2014
In this article I use the terms “individuals with a disability” (IWD - IWDs) or “persons with a disability” (PWD – PWDs) interchangeably. Before we can expect individuals with a disability to openly communicate, through the self-identification process, their disability and possibility a need for an accommodation, we must show them that the information will not be viewed or used in a negative way. In order to do this,...
The OFCCP Digest Volume 4, Issue 3
by Local JobNetwork™ - Mar, 2014
Volume 4, Issue 3 Surveying Requirements Under the Revised Veterans and Disability Regulations by Bill Osterndorf The revised regulations issued by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and indi...
Disparate Impact & Disability and Protected Veteran Status: What Contractors Need to Know
by Cara Yates Crotty, Esq. - Mar, 2014
Ever since the OFCCP issued its Final Rules implementing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act in September 2013, federal contractors have been concerned that the OFCCP will use the newly required collection of disability and protected veteran status from applicants as a tool to allege disparate impact on the basis of such protected status. This article will address th...
Surveying Requirements Under the Revised Veterans and Disability Regulations
by Bill Osterndorf - Mar, 2014
The revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities are now in effect. Companies were required to implement some of the items in these revised regulations by March 24, 2014. There are other requirements in the revised regulations that must be implemented when companies next update their affirm...
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